James v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22070 of 2021 JAMES [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHUNAMBADU POLICE STATION, KANCHEEPURAM DISTRICT CRIME NO.37 OF 2021 For Petitioner : M/S.C.SIVAKUMAR Advocate For Respondent : MR.S.BALAJI, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable under Sections 147, 294(b), 332 and 506(i) of I.P.C, in Crime No.37 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail application filed before this Court. The case of the prosecution is that when the petitioner was pasting the condolence poster near by Check Post, the defacto complainant/Police Constable came and asked the petitioner to remove the poster. Thereafter, at about 10.30 p.m., the petitioner along with other six persons came in a Maruti Suzuki Ertiga Car and attacked the defacto complainant/Police Constable and assaulted him and abused in filthy languages. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submits that earlier this Court dismissed the petitioner's anticipatory bail application in Crl.O.P.No.14190 of 2021 dated 12.08.2021 on the ground that the petitioner claims to be a local henchman and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/11/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, CHUNAMBADU POLICE STATION, KANCHEEPURAM DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.SIVAKUMAR Advocate on payment of necessary charges CRL OP.22070/2021 Date :25/11/2021 JPA 03/12/2021 https://hcservices.ecourts.gov.in/hcservices/